What is the test for a plaintiff to prove that there is a real and substantial possibility of future income loss?
British Columbia, Canada
The following excerpt is from Boudreau v Zhang, 2019 BCSC 1347 (CanLII):
As the Court of Appeal notes in Perren at para. 32, a plaintiff must always prove that there is a real and substantial possibility of a future event leading to an income loss. If the plaintiff discharges that burden of proof, then depending on the facts of the case, the plaintiff may prove the quantification of that loss of earning capacity, either on an earnings approach or a capital asset approach. An award for future loss of income earning capacity should not be based on the plaintiff’s own perceptions of loss, but must show a realistic possibility that she is less able to compete in the marketplace, with real economic consequences: see also Morgan v. Galbraith, 2013 BCCA 305.
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